Borough of New Stanton, PA GENERAL PROVISIONS

An establishment devoted to adult entertainment, either with or without a liquor license, presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to sexual activities or anatomical genital areas;

APPLICATION FOR DEVELOPMENT

A cabaret that features topless dancers, go-go dancers, strippers, male or female impersonators, or similar entertainers for observation by patrons.

AGRICULTURE OPERATION

An enterprise that is actively engaged in the commercial production and preparation for market of crops, livestock and livestock products and in the production, harvesting and preparation for market or use of agricultural, agronomic, horticultural, silvicultural and aquacultural crops and commodities. This term includes an enterprise that implements changes in production practices and procedures or types of crops, livestock, livestock products or commodities produced consistent with practices and procedures that are normally engaged by farmers or are consistent with technological development within the agricultural industry.

ALTERATION

As applied to a building or structure, a change or rearrangement of the structural parts of the same, or an enlargement in the height, width or length of the same.

APPLICANT

A landowner or developer, as hereinafter defined, who has filed an application for development including his heirs, successors and assigns.

Every application, whether preliminary, tentative or final, required to be filed and approved prior to start of construction or development, including but not limited to an application for a building permit, for the approval of a subdivision plat or plan or for the approval of a development plan.

ASSISTED LIVING FACILITY

Residences for the frail, elderly, physically or mentally challenged that provide rooms, meals, personal care, and supervision of self-administered medication. They may provide other services, such as recreational activities, financial services, and transportation. Such a facility does not require a license from any agency of the Commonwealth of Pennsylvania, other than the Department of Labor, in order to operate.

AUTOMOBILE AND VEHICLE REFUELING/RECHARGING WITH OR WITHOUT ANCILLARY VEHICLE SERVICES AND/OR CONVENIENCE RETAIL

The use of any building, land area or premises for the retail dispensing of vehicle fuels and/or charging stations; with or without minor ancillary vehicle services; and with or without convenience retail, including food services.

[Added by Ord. No. 2017-258, 11/14/2017]

AUTOMOTIVE SALES/SERVICE/REPAIR

The use of any building, land area or premises for the retail dispensing of vehicle fuels, the servicing and repair of personal passenger vehicles, light trucks and vans or the display and sale of new or used personal passenger vehicles, light trucks and vans.

BASE FLOOD

The flood which has been selected to serve as the basis upon which the floodplain management provisions of this chapter have been prepared; for purposes of this chapter, the 100-year flood.

BASE FLOOD ELEVATION

The 100-year flood elevation. Within the approximated floodplain the base flood elevation shall be established as a point on the boundary of the approximate floodplain closest to the construction site in question.

BASE GRADE

The average elevation of the grade line at the side of the building or structure in, at or nearest the front setback line of the lot.

BASEMENT

A level of a structure and the space within which has more than 50% of its height above average finished grade and which shall be considered in its entirety for purposes of the height limitations of this chapter.

BOARD

The Zoning Hearing Board of New Stanton Borough established by this chapter.

BOROUGH ENGINEER

A professional engineer licensed as such in the Commonwealth of Pennsylvania, duly appointed as the engineer for the Borough of New Stanton.

BUILDING

Any structure having a roof supported by columns or walls resting on its own foundation and intended for the shelter, housing or enclosure of any individual, animal, process, equipment, goods, or materials of any kind. A "detached building" is one separated on all sides from adjacent buildings by open spaces from the ground up.

BUILDING LINE

The building line is that line fixed by the required yard depths measured back from the nearest road right-of-way line or property line.

BUILDING HEIGHT

The vertical distance and the number of stories measured from the basic grade to:

The highest point of the roof adjacent to the front wall, for flat roofs.

The deckline of mansard roofs.

The main (top) height between eaves and ridge for gabled, hipped or gambrel roofs.

BUILDING, PRINCIPAL

A nonaccessory building in which a principal use of the lot on which it is located is housed.

BUS OR TRUCK TERMINAL

An area and building where buses, trucks and cargo are stored, where loading and unloading is carried on regularly, and where minor maintenance of these types of vehicles is performed.

BUSINESS SERVICE

Any business activity which renders service to other commercial or industrial enterprises.

CELLAR

A space having 50% or less of its height below average grade, which may not be occupied for dwelling purposes and is not included in computing the number of stories for the purpose of height measurements.

CHAPTER

A chapter of the Borough of New Stanton Code of Ordinances, as amended and supplemented.

CLEAR SIGHT TRIANGLE

The triangular area formed by two intersecting street center lines and a line interconnecting points established on each center line, 75 feet from their point of intersection. This entire area is to remain clear of obstructions to sight above a plane established 3 1/2 feet in elevation from grade level at the intersection of the street center line.

CLINIC

Any establishment where human patients are examined, treated and/or attended by doctors, psychiatrists, optometrists, chiropractors or dentists, but not hospitalized overnight.

COMMERCIAL STORAGE BUILDING

Accessory structures, not to exceed 25% of the area of the principal structure, used for inventory or equipment storage on sites with commercial or light industrial principal uses.

COMMON OPEN SPACE

A parcel or parcels of land or an area of water, or a combination of land and water within a development site and designed and intended for the use or enjoyment of residents of a development, not including streets, off-street parking areas, and areas set aside for public facilities.

COMPLETELY DRY SPACE

A space which will remain totally dry during flooding; the structure is designed and constructed to prevent the passage of water and water vapor.

CONDITIONAL USE

A use permitted in a particular zoning district pursuant to the provisions of Article VI of the Pennsylvania Municipalities Planning Code[1] and Part 6 of this chapter.

CONSISTENCY

An agreement or correspondence between matters being compared which denotes a reasonable rational, similar, connection or relationship.

CONSTRUCTION

The construction, reconstruction, renovation, repair, extension, expansion, alteration or relocation of a building or structure, including the placement of manufactured homes.

CONTRACTOR SUPPLY YARDS

A commercial establishment storing or offering for sale building supplies, steel, lumber, coal, heavy equipment, feed and grain and similar goods. Supply yards do not include junkyards or similar facilities.

COVERAGE, LOT (BULK)

That percentage of the total lot area covered by principal and accessory use structures, and all other impervious surfaces.

DECISION

Final adjudication of any board or other body granted jurisdiction under any land use ordinance or this chapter to do so, either by reason of the grant of exclusive jurisdiction or by reason of appeals from determinations. All decisions shall be appealable to the Court of Common Pleas of the county and judicial district wherein the Borough lies.

DESIGNATED FLOODPLAIN DISTRICTS

Those floodplain districts specifically designated in this chapter as being inundated primarily by the 100-year flood. Included would be areas identified as floodway district, flood-fringe district and general floodplain district.

DETERMINATION

Final action by an officer, body or agency charged with the administration of any land use ordinance or applications thereunder, except the following:

The Borough Council;

The Zoning Hearing Board; or,

The Planning Commission, only if and to the extent the Planning Commission is charged with final decision on preliminary or final plans under the subdivision and land development or planned residential development Part in this chapter. Determinations shall be appealable only to the Boards designated as having jurisdiction for such appeal.

DEVELOPER

Any landowner, agent of such landowner, or tenant with the permission of such landowner who makes or causes to be made a subdivision or a land development.

DEVELOPMENT

Any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, the placement of manufactured homes, streets and other paving, utilities, filling, grading, excavation, mining, dredging or drilling operations and the subdivision of land.

DEVELOPMENT PLAN (LAND DEVELOPMENT)

The provisions for development, including a planned residential development, a plat of subdivision, all covenants relating to use, location and bulk of buildings and other structures, intensity of use or density of development, streets, ways and parking facilities, common open space and public facilities. The phrase "provisions of the development plan" when used in this chapter shall mean the written and graphic materials referred to in this definition.

DEVELOPMENT WHICH MAY ENDANGER HUMAN LIFE

Any development which will be used for the production or storage of any of the following dangerous materials or substances, or will be used for any activity requiring the maintenance of a supply of more than 550 gallons, or other comparable volume, of any of the following dangerous materials or substances on the premises:

Acetone.

Ammonia.

Benzene.

Calcium carbide.

Carbon disulfide.

Celluloid.

Chlorine.

Hydrochloric acid.

Hydrocyanic acid.

Magnesium.

Nitric acid and oxides of nitrogen.

Petroleum products (gasoline, fuel oil, etc.).

Phosphorus.

Potassium.

Sodium.

Sulfur and sulfur products.

Pesticides (including insecticides, fungicides and rodenticides).

Radioactive substances, insofar as such substances are not otherwise regulated, or will involve the production, storage or use of any amount of radioactive substances.

DUPLEX

A building containing two single-family dwelling units separated from each other by an unpierced wall extending from ground to roof.

DWELLING

Any structure designed or used as the permanent living quarters for one or more families and not including hotels, motels or transient accommodations.

DWELLING UNIT

One or more rooms designed, occupied or intended for occupancy as a single housekeeping unit, with cooking, sleeping and sanitary facilities for a single family.

DWELLING, MULTIFAMILY

A building containing five or more dwelling units, including units that are located one over the other.

ESSENTIALLY DRY SPACE

A space which will remain dry during flooding, except for the passage of some water vapor or minor seepage; the structure is substantially impermeable to the passage of water.

ESSENTIAL SERVICES

The erection, construction, alteration or maintenance by public utilities or municipal or other government agencies of underground or overhead gas, electrical, steam or water transmission or distribution systems, communication, or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduit cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of such service by such public utilities or municipal or other governmental agencies; excluding, however, buildings, storage tanks, wireless communications facilities, towers, antennas, relay or transmission stations, substations and pumps.

FAMILY

A group of individuals not necessarily related by blood, marriage, adoption or guardianship living together in a dwelling unit as a single housekeeping unit that is based on an intentionally structured relationship providing organization, stability and/or permanency and functioning as a family.

FENCE

A fabricated barrier used to separate or enclose an area of land and includes, but is not limited to, walls, arbors, trellises and fences.

FLOOD

A general and temporary inundation of normally dry land areas from the overflow of inland waters, or the unusual and rapid accumulation of runoff or surface waters from any source, or mudslides which are proximately caused or precipitated by accumulations of water on or under the ground.

FLOOD-FRINGE DISTRICT (FF)

That area of the 100-year floodplain not included in the floodway district. The basis for the outermost boundary of this district shall be the 100-year flood elevations contained in the flood profiles of the Flood Insurance Study (FIS) prepared by the Federal Insurance Administration (FIA) and dated June 15, 1981, revised August 15, 1983, and August 5, 1997. (See "floodway district" below).

FLOODPLAIN

Any land area susceptible to being inundated by water from any source.

FLOODPROOFING

Any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

FLOODWAY DISTRICT (FW)

Is delineated for purposes of this chapter using the criteria that a certain area within the floodplain must be capable of carrying the waters of the 100-year flood without increasing the water surface elevations of that flood more than one foot at any point. The areas included in this district are specifically defined in the Flood Insurance Study dated June 15, 1981, revised in 1983 and 1997, prepared by the Federal Insurance Administration.

FORESTRY

The management of forests and timberlands when practiced in accordance with accepted silvicultural principles, through developing, cultivating, harvesting, transporting and selling trees for commercial purposes, which does not involve any land development.

GARAGE, COMMERCIAL

A permitted commercial accessory structure for the parking or storage of commercial vehicles used in the operation of the principal use.

GARAGE, RESIDENTIAL

A permitted residential accessory structure and use for the parking and storage of personal passenger vehicles, light trucks and vans or personal recreational vehicles or boats, owned and operated by the occupants of the residence and not available to the general public.

GENERAL FLOODPLAIN DISTRICT (FA)

That floodplain area for which no detailed flood profiles and elevations are provided. Such areas are shown on the maps accompanying the Federal Insurance Study prepared by the Federal Insurance Administration. In determining the necessary elevations for the purposes of this chapter, other sources of data may be used, such as:

Corps of Engineers Floodplain Information Reports.

United States Geological Survey Flood-Prone Quadrangles.

United States Department of Agriculture Soil Conservation Service County Soil Surveys (Alluvial Soils).

Known high-water marks from past floods.

Other sources.

HEALTH AUTHORITY

The legally designated health authority of Pennsylvania (Department of Environmental Protection), or authorized representative of the political subdivision concerned.

HOME-BASED BUSINESS (NO-IMPACT)

A business or commercial activity administered or conducted as an accessory use, which is clearly secondary and incidental to the use as a residential dwelling and which does not involve customer, client, or patient traffic, or pickup, delivery, or removal functions, in excess of those normally associated with residential use. No-impact home-based businesses shall be included in this definition.

The business activity shall be compatible with the residential use of the property and surrounding residential uses.

The business shall employ no employees other than family members residing in the dwelling.

There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.

There shall be no outside appearance of a business use, including, but not limited to, parking or lights, with the exception of a sign.

The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.

The business activity may not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood.

The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.

The business may not involve any illegal activity.

HOME OCCUPATION

Any activity carried out for gain by a resident and conducted as a customary, incidental, and accessory use in the resident's dwelling unit.

LANDOWNER

The legal or beneficial owner or owners of land, including the holder of an option or contract to purchase (whether or not such option or contract is subject to any condition), a lessee if he/she is authorized under the lease to exercise the rights of the landowner, or other person having a proprietary interest in land.

LONG-TERM NURSING FACILITY

An institution licensed by the Pennsylvania Department of Health to provide skilled or intermediate nursing care services to residents. The facility may be for-profit, nonprofit, hospital-based or operated by the county or the county institution district.

LOT

A designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.

LOT LINE, FRONT

In the case of an interior lot, the line separating the lot from the street. In the case of a corner lot, the required front yard shall be provided along every street.

LOT, DEPTH

The mean horizontal distance between the front lot line and the rear lot line, measured along a line that is midway between the side lot lines.

LOT, INTERIOR

A lot other than a corner lot or a through lot.

LOT, THROUGH

A lot having frontage on two parallel, or approximately parallel open public streets and which is not a corner lot.

LOT, WIDTH

The dimension of a lot, measured between the side lot lines at the front building line, which is the length of said line.

MEDIATION

A voluntary negotiating process in which parties in a dispute mutually select a neutral mediator to assist them in jointly exploring and settling their differences, culminating in a written agreement which the parties themselves create and consider acceptable.

MINOR REPAIR

The replacement of existing work with equivalent materials for the purpose of its routine maintenance and upkeep, but not including the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or bearing support or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the exit way requirements; nor shall minor repairs include addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, soil, waste, vent or similar piping, electric wiring or mechanical or other work affecting public health or general safety.

MIXED-USE STRUCTURES

A building which contains commercial, office or service uses and residential uses.

MOBILE OR MANUFACTURED HOME

A transportable, single-family dwelling intended for permanent occupancy, contained in one unit, or in two or more units designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations, and constructed so that it may be used with or without a permanent foundation.

MOBILE OR MANUFACTURED HOME LOT

A parcel of land in a mobile or manufactured home park which is designed and improved for the placement thereon of a single manufactured home.

MOBILE OR MANUFACTURED HOME PARK

A parcel (or contiguous parcels) of land which has been planned and improved for the placement of two or more manufactured homes.

MOBILE OR MANUFACTURED HOME STAND

That part of an individual manufactured home lot which has been reserved for the placement of the manufactured home, appurtenant structures or additions.

MULTIPLEX

A specific type of dwelling containing three or four dwelling units, each accessible from the ground floor with open space exposures and sharing one or two walls with adjoining units.

MUNICIPAL AUTHORITY

A body politic and corporate created pursuant to the Act of May 2, 1945 (P.L. 382, No. 164), known as the "Municipality Authorities Act of 1945." or the Act of June 19, 2001 (P.L. 287, No. 22), known as the "Municipality Authorities Act".[2]

NONCONFORMING LOT

A lot the area or dimension of which was lawful prior to the adoption or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption or amendment.

NONCONFORMING STRUCTURE

A structure or part of a structure manifestly not designed to comply with the applicable use or extent of use provisions in this chapter or amendment heretofore or hereafter enacted, where such structure lawfully existed prior to the enactment of this chapter or amendment or prior to the application of this chapter or amendment to its location by reason of annexation. Such nonconforming structures include, but are not limited to, nonconforming signs.

NONCONFORMING USE

A use, whether of land or of structure, which does not comply with the applicable use provisions in this chapter or amendment heretofore or hereafter enacted, where such use was lawfully in existence prior to the enactment of this chapter or amendment, or prior to the application of this chapter or amendment to its location by reason of annexation.

NURSING HOME (INTERMEDIATE CARE FACILITY)

A facility that provides, on a regular basis, personal care, including dressing and eating, and health-related care and services, to individuals who require such assistance but who do not require the degree of care and treatment that a hospital or skilled nursing facility provides.

OBSTRUCTION

Any wall, dam, embankment, levee, dike, pile, abutment, projection, excavation, channel, rectification, culvert, building, fence, stockpile, refuse, fill, structure or matter in, along, across or projecting into any channel, watercourse or designated floodplain district:

Which may impede, retard or change the directions of the flow of water, either in itself or by catching or collecting debris carried by such water; or

Is placed where the flow of the water might carry the same downstream to the damage of life and property.

100-YEAR FLOOD

A flood that, on the average, is likely to occur once every 100 years; (i.e., that has a 1% chance of occurring each year, although the flood may occur in any year).

PARK

An area provided for the public to be used for recreation of leisure activities including, but not limited to picnicking, sitting and walking.

PARKING AREA

An area other than a street used for the temporary parking of more than four automobiles.

PERMIT

Written approval, in whatever form, as issued by the Borough in conformance with this chapter.

PERSON

Any individual, firm, trust, partnership, public or private association or corporation or other entity, including state and local governments and agencies.

PERSONAL CARE HOME

A premises licensed by the Pennsylvania Department of Public Welfare in which food, shelter and personal assistance or supervision are provided for a period exceeding 24 hours for four or more adults who are not relatives of the operator, who do not require the services in or of a licensed long-term care facility, but who do require assistance or supervision in activities of daily living or instrumental activities of daily living. This term includes a duly licensed premise that has held or presently holds itself out as a personal care home and provides food and shelter to four or more adults who need personal care services, but who are not receiving such services.

PERSONAL SERVICES

Any commercial establishment providing services pertaining to the person, his apparel or personal effects commonly carried on or about the person, and including hair dressing, shoe repair, tailoring and cleaning on the premises of wearing apparel brought to the establishment by the customer.

PLANNED RESIDENTIAL DEVELOPMENT

An area of land, controlled by a landowner, to be developed as a single entity for a number of dwelling units, or combination of residential and nonresidential uses, the development plan for which does not correspond in lot size, bulk, type of dwelling, or use, density, or intensity, lot coverage and required open space to the regulations established in any one district created, from time to time, under the provisions of a municipal zoning ordinance.

PLAYGROUND

An area provided for the public to be used for exercise and recreation, including, but not limited to, baseball fields, football fields, basketball, volleyball and tennis courts, swimming pools, horseshoe pits, track and field event area, swings, slides, climbing bars, and other children's play equipment.

PRINCIPAL USE

The primary or predominant use of any lot or parcel.

PROFESSIONAL OFFICE

Any office of recognized professions, such as doctors, dentists, lawyers, architects, engineers, artists, musicians, designers, teachers and others who through training are qualified to perform services of a professional nature.

PROFESSIONAL SERVICES

Any office or establishment of those whose training qualifies them to provide specialized services to the community in the commonly recognized professions (education, engineering, law, medicine, music, philosophy, science, theology) the arts (architecture, drama, music, painting, photography, writing) and similar activities (insurance, real estate).

PUBLIC FACILITY

Any person, firm, corporation, municipal department, or board, duly authorized to furnish, and furnishing under the Public Utility Commission or municipal regulations to the public, electricity, gas, steam, communication (excluding wireless), transportation, water or sewerage.

PUBLIC GROUNDS

Includes:

Parks, playgrounds, trails, paths and other recreational areas and other public areas;

Sites for schools, sewage treatment, refuse disposal and other publicly owned or operated facilities; and

Publicly owned or operated scenic and historic sites.

PUBLIC HEARING

A formal meeting held pursuant to public notice by the Borough Council or Planning Commission, intended to inform and obtain public comment, prior to taking action in accordance with this chapter.

PUBLIC MEETING

A forum held pursuant to notice under the Act of June 3, 1986 (P.L. 388, No. 84), known as the "Sunshine Act," 53 P.S. § 271 et seq.[3]

PUBLIC NOTICE

Notice published once each week for two successive weeks in a newspaper of general circulation in the Borough. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall not be more than 30 days and the second publication shall not be less than seven days from the date of the hearing.

REGULATORY FLOOD ELEVATION

The 100-year flood elevation, plus a freeboard safety factor of 1 1/2 feet.

REPORT

Any letter, review, memorandum, compilation or similar writing made by any body, board, officer or consultant other than a solicitor to any other body, board, officer or consultant for the purpose of assisting the recipient of such report in the rendering of any decision or determination. All reports shall be deemed recommendatory and advisory only and shall not be binding upon the recipient, board, officer, body or agency, nor shall any appeal lie therefrom. Any report used, received or considered by the body, board, officer or agency rendering a determination or decision shall be made available for inspection to the applicant and all other parties to any proceeding upon request, and copies thereof shall be provided at cost of reproduction.

RETAIL CENTER

A retail commercial area designed as a unit, with adequate off-street parking, and usually consisting of a multitenant, one or more one-story buildings.

RETAIL SALES

Any commercial establishment engaged in selling commodities, goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods.

ROAD

The entire right-of-way of a public or private street or highway.

SELF-STORAGE CENTER

A building or group of buildings divided into separate units or compartments, designed and used for the storage of the personal property of the owner or tenant of the unit.

The height of any individual storage unit from floor to ceiling shall not exceed 10 feet; the maximum size of any individual storage unit shall consist of 300 square feet of floor area; and individual storage buildings shall be limited to a height of two stories.

The storage of foodstuffs, produce or other perishable items shall be prohibited.

Conducting an office, retail, wholesale or other business use from a storage unit shall be prohibited.

The storage of gasoline, oil or similar petroleum products apart from that contained in the fuel tank or engine of a vehicle stored within said facility shall be prohibited, as well as the storage of radioactive materials, explosives and flammable or hazardous chemicals.

The storage of livestock, plants, animals or other living organisms shall be prohibited.

A self-storage center shall not contain nor provide permanent on-site material handling facilities, such as loading docks, tow motors, fork lifts or other similar material handling apparatus, with the exception of a freight elevator for storage in second-story units.

The said self-storage center shall be permitted within the business zoning classification district as a conditional use for the purpose of providing storage facilities to the general public as distinguished from a warehouse or other commercial storage facility utilized exclusively for the storage of commercial products. The use of a self-storage center exclusively for the storage of commercial products shall be prohibited within the business zoning classification district. Commercial products shall be defined as those items of personal property held or stored for the purpose of:

Sale, resale, lease or other commercial distribution, or

Commercial application or incorporation into a product, item, thing, building or structure.

SIGN, ADVERTISING (BILLBOARD)

Storage on the property outside of the self-storage center shall be 50,000 square feet.

SIGN

A name, identification, description, display or illustration which is affixed to, or painted or represented directly or indicated upon, a building, structure, movable base or piece of land which announces, directs attention to or advertises an object, product, place, activity, person, message, institution, organization, business, home-based business, or home occupation.

A sign which announces, directs attention to or advertises a business, commodity, product, place, service or entertainment conducted, sold or offered elsewhere than upon the premises where such a sign is located, or to which it is affixed.

SIGN, BUSINESS

A sign which directs attention to a business, occupation or profession conducted or to a product, commodity or service conducted, sold or offered upon the premises where such sign is located, or to which it is affixed.

SIGN, ELECTRONIC VARIABLE MESSAGE

An electrically activated sign whose message content is alphabetical or numerical only, and either whole or in part, may change by means of electronic programming.

SIGN, MULTIPLE SLATS/PANELS

A sign whose message changes by means of flipping of slats or panels encased in a stationary frame or cabinet. This does not include a sign whose message is changed in a revolving or oscillating manner.

SIGN, PORTABLE

Any sign not permanently attached to the ground or to a structure, or a sign designed to be transported, including, but not limited to, signs designed to be transported by means of wheels; signs converted to A- or T-frames; sandwich board signs; and balloons and banners used for advertising.

SIGN, ROTATING

A sign which, in its entirety, moves in a revolving, oscillating or similar manner. Such motion does not include methods of changing the sign face copy by flipping of slats or panels.

SIGN, SNIPE

Any sign of any material whatsoever erected by a person other than the property owner that is attached in any way to a utility pole, tree or fence.

SKILLED OR INTERMEDIATE NURSING CARE

Professionally supervised nursing care and related medical and other health services provided for a period exceeding 24 hours to an individual not in need of hospitalization, but whose needs are above the level of room and board and can only be met in a long-term care nursing facility on an inpatient basis because of age, illness, disease, injury, convalescence or physical or mental infirmity. The term includes the provision of inpatient services that are needed on a daily basis by the resident, ordered by and provided under the direction of a physician, and which require the skills of professional personnel, such as registered nurses, licensed practical nurses, physical therapists, occupational therapists, speech pathologists or audiologists.

SPECIAL EXCEPTION

A use permitted in a particular zoning district pursuant to the provisions of this chapter and Articles VI and IX of the Pennsylvania Municipalities Planning Code, 53 P.S. §§ 10601 et seq. and 10901 et seq.

START OF CONSTRUCTION

The first placement of permanent construction of a structure (other than a manufactured home) on a site, such as the pouring of slabs or footings of any work beyond the stage of excavation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages, or sheds not occupied as dwelling units or not as part of the main structure. For a structure (other than a manufactured home) without a basement or poured footings, the "start of construction" means the affixing of the manufactured home to its permanent site. For manufactured homes within manufactured home parks or manufactured home subdivisions, "start of construction" is the date on which the construction of facilities for servicing the site on which the manufactured home is to be affixed (including, at a minimum, the construction of streets, either final site grading or the pouring of concrete pads, and installation of utilities) is completed.

STORAGE SHED

Any man-made object originally designed, built and used for storage, no larger than 150 square feet and not higher than 15 feet. Utilities shall be limited to electricity. Storage sheds shall not be occupied and must be located in the rear yard or side yard. If located in the side yard, the storage shed must meet the normal side yard setbacks for the particular district.

SUBSTANTIAL IMPROVEMENT

Any repair, reconstruction or improvement of a structure, the cost of which equals or exceed 50% of the market value of the structure either:

Before the improvement or repair is started; or

If the structure has been damaged, and is being restored, before the damage occurred.

For the purposes of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either:

Any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions; or

STRUCTURE (see also "BUILDING")

Any alteration of a structure listed on the National Register of Historic Places or a state inventory of historic places.

SUBSTANTIALLY COMPLETED

Where, in the judgment of the Borough Engineer, at least 90% (based on the cost of the required improvements for which financial security was posted pursuant to Section 509 of the Pennsylvania Municipalities Planning Code, Act 247 of 1968, as amended[4]) of those improvements required as a condition for final approval have been completed in accordance with the approved plan, so that the project will be able to be used, occupied or operated for its intended use.

STREET

Includes street, avenue, boulevard, road, highway, freeway, parkway, lane, alley, viaduct or any other ways used or intended to be used by vehicular traffic or pedestrians, whether public or private.

ARTERIAL STREET (ROAD)A street with access control, channelized intersections, restricted parking, and that collects and distributed traffic to and from minor arterials.

COLLECTOR STREET (ROAD)A street that collects traffic from local streets and connects with minor and major arterials.

MINOR STREET (LOCAL STREET)A street designed to provide vehicular access to abutting property and to discourage through traffic.

Any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land.

SUBDIVISION

The division or redivision of a lot, tract or parcel of land by any means into two or more lots, tracts, parcels or other divisions of land, including changes in existing lot lines for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs or devisees, transfer of ownership or building or lot development; provided, however, that the subdivision by lease of land for agricultural purposes into parcels of more than 10 acres, not involving any new street or easement of access or any residential dwelling, shall be exempted.

SWIMMING POOL

Any depression in the ground, whether temporary or permanent, or a container of water, either temporary or permanent and either above or below the ground, in which water of an average depth of 30 inches or more is contained and which is used primarily for the purpose of swimming, water sports or therapeutics.

TELECOMMUNICATIONS TOWER

A tower, pole or similar structure that supports cellular or telecommunications antenna operated for commercial purpose above the ground in a fixed location, freestanding, guyed or on a building or other structure.

TEMPORARY OUTDOOR ACTIVITY

Any activity conducted outdoors or within or about tents or other such contrivances within any special, commercial or residential districts in the municipality, including but not limited to carnivals, outdoor displays of merchandise, vehicles or manufactured products, promotions, amusements, gatherings of people and similar activities. (All temporary outdoor activity shall be considered temporary uses.)

TEMPORARY STRUCTURE

One which may be characterized by one or more of the following features: does not have a poured concrete foundation; rests on its floor, wheels, legs, blocks, or a frame; is a nonconforming structure, or is used in conjunction with development or construction.

TRAVEL TRAILER

A manufactured vehicle, with wheels, designed for overnight living or camping purposes, capable of being towed by a passenger automobile and having an overall width less than eight feet.

USE

The purpose or activity for which the land, or building thereon, is designed, arranged or intended or for which it is occupied or maintained.

VARIANCE

Relief granted pursuant to the provisions of this chapter and Articles VI and IX of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq.

WHOLESALE USES

Any establishment selling commodities or goods in quantity lots to a retailer (having a tax exempt number and operating an established retail business) who sells to the ultimate consumer.

YARD

A space on the same lot with a principal building, open, unoccupied and unobstructed by structures, except as otherwise provided in this chapter.

YARD, FRONT

A yard extending across the full width of the lot, unoccupied other than by steps, walks, terraces, driveways, lampposts and similar structures, the depth of which is the least distance between the lot line and the building line.

YARD, REAR

A yard extending across the full width of the lot between the rear of the principal building and the rear lot line, unoccupied by other than accessory buildings which do not occupy more than 30% of the space and steps, walks, terraces, driveways, lampposts and similar structures, the depth of which is the least distance between the rear lot line and the rear of such buildings.

YARD, SIDE

A yard between the principal building and the side lot line, extending from the front yard, or from the front lot where no front yard is required, to the rear yard. The width of the required side yard is measured horizontally and at 90° with the side lot line, from the nearest part of the principal building.

ZONING AND CODES OFFICER

The administrative officer designated to administer this chapter and issue zoning and building permits.

[1]

Editor's Note: See 53 P.S. § 10601 et seq.

[2]

Editor's Note: See 53 Pa.C.S.A. § 5601 et seq.

[3]

Editor's Note: See now 65 Pa.C.S.A. § 701 et seq.

[4]

Editor's Note: See 53 P.S. § 10509.

Definitions Applicable to Oil and Gas Operations. The following words, terms and phrases, when used in this chapter in relation to oil and gas operations, unless the context clearly indicates otherwise, shall have and be defined as the same appear in the definitions as set forth in current lawful provisions of Act 13 of 2012. Any word, term or phrase hereafter set forth which is also defined in this chapter which relate to matters not involving oil and gas operations, shall continue to be defined, construed and interpreted by such other definitions. It is the intent of Borough Council that the words, terms and phrases contained in this subsection shall only apply to matters relating to oil and gas operations.

[Added by Ord. No. 2012-241, 12/7/2012]

ABANDONED WELL

Any of the following:

A well:

That has not been used to produce, extract or inject any gas, petroleum or other liquid within the preceding 12 months;

For which equipment necessary for production, extraction or injection has been removed; or

AGRICULTURAL ZONING DISTRICT

Considered dry and not equipped for production within 60 days after drilling, redrilling or deepening.

The term does not include wells granted inactive status.

ADDITIVE

A hydraulic fracturing chemical.

Shall have the same meaning as such term is used in current lawful provisions Act 13 of 2012. The following Borough Zoning Districts shall for the specific purposes of this amendment of this chapter be considered "Agricultural Zoning Districts": RA District.

ALTERATION

An operation which changes the physical characteristics of a well bore, including stimulation or removing, repairing or changing the casing. For the purpose of this chapter only, the term does not include:

Repairing or replacing of the casing if the activity does not affect the depth or diameter of the well bore, the use or purpose of the well does not change and the activity complies with regulations promulgated under this chapter, except that this exclusion does apply:

To production casings in coal areas when the production casings are also the coal protection casings; or

When the method of repairing or replacing the casing would affect the coal protection casing.

CHEMICAL DISCLOSURE REGISTRY

Stimulation of a well.

BOARD

The Oil and Gas Technical Advisory Board.

BRIDGE

An obstruction placed in a well at any depth.

BUILDING

An occupied structure with walls and roof within which persons live or customarily work.

CASING

A string or strings of pipe commonly placed in wells drilled for natural gas or petroleum.

CEMENT or CEMENT GROUT

Any of the following:

Hydraulic cement properly mixed with water only.

A mixture of materials adequate for bonding or sealing of well bores as approved by regulations promulgated under this chapter.

CHEMICAL

Any element, chemical compound or mixture of elements or compounds that has its own specific name or identity, such as a chemical abstract service number.

The chemical registry website developed by the Groundwater Protection Council and the Interstate Oil and Gas Compact Commission or their successor organizations.

CHEMICAL FAMILY

A group of chemicals that share similar chemical properties and have a common general name.

COAL MINE

Any of the following:

Operations in a coal seam, including excavated portions, abandoned portions and places actually being worked.

Underground workings and shafts, slopes, tunnels and other ways and openings, including those which are in the course of being sunk or driven, along with all roads and facilities connected with them below the surface.

COAL OPERATOR

A person that operates or proposes to operate a coal mine as an owner or lessee.

COMMISSION

The Pennsylvania Public Utility Commission.

COMPLETION OF A WELL

The date after treatment, if any, that the well is properly equipped for production of oil or gas, or, if the well is dry, the date that the well is abandoned.

DEPARTMENT

The Department of Environmental Protection of the Commonwealth.

DRILLING

The drilling or redrilling of a well or the deepening of an existing well.

ENVIRONMENTAL ACTS

All statutes enacted by the commonwealth relating to the protection of the environment or the protection of public health, safety and welfare, that are administered and enforced by the department or by another commonwealth agency, including an independent agency, and all federal statutes relating to the protection of the environment, to the extent those statutes regulate oil and gas operations.

FRESH GROUNDWATER

Water in that portion of the generally recognized hydrologic cycle which occupies the pore spaces and fractures of saturated subsurface materials.

GAS

Any of the following:

A fluid, combustible or noncombustible, which is produced in a natural state from the earth and maintains a gaseous or rarefied state at standard temperature of 60° F. and pressure 14.7 PSIA.

Any manufactured gas, by-product gas or mixture of gases or natural gas liquids.

HEALTH PROFESSIONAL

A physician, physician assistant, nurse practitioner, registered nurse or emergency medical technician licensed by the commonwealth.

HYDRAULIC FRACTURING CHEMICAL

Any chemical substance or combination of substances, including any chemicals and proppants, that is intentionally added to a base fluid for purposes of preparing a stimulation fluid for use in hydraulic fracturing.

IMPOUNDMENT AREA

Shall have the same meaning as such term is used in Act 13 of 2012, including as used in 58 Pa.C.S.A. § 3304 and more specifically shall mean a water and other fluid storage or impoundment area used exclusively for oil and gas operations.

INACTIVATE

To shut off the vertical movement of gas in a gas storage well by means of a temporary plug or other suitable device or by injecting bentonitic mud or other equally nonporous material into the well.

INDUSTRIAL USES

Shall have the same meaning in this chapter as the term "industrial uses" is used in current lawful provisions of Act 13 of 2012; and, without limiting the foregoing, shall include the following specific uses provided for in this chapter under the listing of uses in the two Industrial Zoning Districts (LI-1 and LI-2):

All uses identified as permitted uses, conditional uses and special exceptions in the above two Zoning Districts.

INDUSTRIAL ZONING DISTRICT

Shall have the same meaning as such term is used in the current lawful provisions of Act 13 of 2012. The following Borough zoning districts for the purposes of this Part of the chapter shall be considered "Industrial Zoning Districts": LI-1 District and LI-2 District.

LINEAR FOOT

A unit or measurement in a straight line on a horizontal plane.

MPC

The act of July 31, 1968 (P.L. 805, No. 247), known as the "Pennsylvania Municipalities Planning Code."[5]

NATURAL GAS

A fossil fuel consisting of a mixture of hydrocarbon gases, primarily methane, and possibly including ethane, propane, butane, pentane, carbon dioxide, oxygen, nitrogen and hydrogen sulfide and other gas species. The term includes natural gas from oil fields, known as "associated gas" or "casing head gas," natural gas fields known as "nonassociated gas," coal beds, shale beds and other formations. The term does not include coal bed methane.

NATURAL GAS COMPRESSOR STATION

Shall have the same meaning as such term is used in Act 13 of 2012, including in 58 Pa.C.S.A. §§ 3301 to 3309.

NATURAL GAS LIQUIDS

Hydrocarbons in natural gas which are separated from the gas as liquids through the process of absorption, condensation, adsorption or other methods in gas processing of cycling plants.

NATURAL GAS PROCESSING PLANT

Shall have the same meaning as such term is used in Act 13 of 2012, including in 58 Pa.C.S.A. §§ 3301 to 3309.

OCCUPIED BUILDING

Shall for the specific purposes of this chapter mean, consistent with the definition of "building" pursuant Act 13 of 2012 (58 Pa.C.S.A. § 3203), an occupied structure with walls and roof within which persons live or customarily work.

OIL

Hydrocarbons in liquid form at standard temperature of 60° F. and pressure 14.7 PSIA, also referred to as "petroleum."

OIL AND GAS OPERATIONS

The term includes the following:

Well location assessment, including seismic operations, well site preparation, construction, drilling, hydraulic fracturing and site restoration associated with an oil or gas well of any depth;

Water and other fluid storage or impoundment areas used exclusively for oil and gas operations;

Construction, installation, use, maintenance and repair of:

Oil and gas pipelines;

Natural gas compressor stations; and

Natural gas processing plants or facilities performing equivalent functions.

Construction, installation, use, maintenance and repair of all equipment directly associated with activities specified in Subsections A, B and C, to the extent that:

The equipment is necessarily located at or immediately adjacent to a well site, impoundment area, oil and gas pipeline, natural gas compressor station or natural gas processing plant; and

OIL AND GAS WELL SITE or WELL SITE

The activities are authorized and permitted under the authority of a federal or commonwealth agency.

OIL AND GAS WELL or WELL

As used in this chapter is intended to have the same meaning as the term "well" as defined in Section 3203 of Act 13 of 2012 (58 Pa.C.S.A. § 3203.)

As used in this chapter is intended to have the same meaning as the term "well site" as used in Act 13 of 2012 [58 Pa.C.S.A. § 3304(b)(5.1)].

OPERATING COAL MINE

Any of the following:

An underground coal mine which is producing coal or has been in production of coal at any time during the 12 months immediately preceding the date its status is put in question, including contiguous worked-out or abandoned coal mines to which it is connected underground.

An underground coal mine to be established or reestablished under Subsection A.

OPERATING WELL

A well that is not plugged and abandoned.

OPERATOR

A well operator.

ORPHAN WELL

A well abandoned prior to April 18, 1985, that has not been affected or operated by the present owner or operator and from which the present owner, operator or lessee has received no economic benefit other than as a landowner or recipient of a royalty interest from the well.

OUTSIDE COAL BOUNDARIES

When used in conjunction with the term "operating coal mine," the boundaries of the coal acreage assigned to the coal mine under an underground mine permit issued by the Department of Environmental Protection.

OWNER

A person who owns, manages, leases, controls or possesses a well or coal property. The term does not apply to orphan wells, except where the Department of Environmental Protection determines a prior owner or operator benefited from the well as provided in Section 3220(a) of Act 13 of 2012 (relating to plugging requirements).[6]

OWNER OF BUILDING OR ADJOINING LOT

For the purposes of this chapter shall have the same meaning as such term as used in Act 13 of 2012 [58 Pa.C.S.A. § 3304(b)].

PERMANENT OIL AND GAS OPERATIONS

As used in this chapter is intended to have the same meaning as the term "permanent oil and gas operations" as used in Act 13 of 2012 [58 Pa.C.S.A. § 3304(b)(3)].

PERMITTED USE

A use which, upon submission of written notice to and receipt of a permit issued by a zoning officer or equivalent official, is authorized to be conducted without restrictions other than those set forth in Section 3304 of Act 13 of 2012 (relating to uniformity of local ordinances).[7]

PERSON

An individual, association, partnership, corporation, political subdivision or agency of the federal government, state government or other legal entity.

PETROLEUM

Hydrocarbons in liquid form at standard temperature of 60° F. and pressure 14.7 PSIA, also referred to as "oil."

PILLAR

A solid block of coal surrounded by either active mine workings or a mined-out area.

PLAT

A map, drawing or print accurately drawn to scale showing the proposed or existing location of a well or wells.

RESERVOIR PROTECTIVE AREA

The area surrounding a storage reservoir boundary, but within 2,000 linear feet of the storage reservoir boundary, unless an alternate area has been designated by the Department of Environmental Protection, which is deemed reasonably necessary to afford protection to the reservoir, under a conference held in accordance with Section 3251 of Act 13 of 2012[8] (relating to conferences).

RESIDENTIAL DISTRICT or RESIDENTIAL ZONING DISTRICT

Shall have the same meaning as the term "residential district" as used in current lawful provisions of Act 13 of 2012. The following zoning districts shall for the purposes of this chapter be considered "residential zoning districts": R-1 District, R-2 District and V-1 District.

RETREAT MINING

Removal of coal pillars, ribs and stumps remaining after development mining has been completed in that section of a coal mine.

REVIEW PERIOD FOR CONDITIONAL USES

As used in this chapter is intended to have the same meaning as such phrase is used in Act 13 of 2012, including in 58 Pa.C.S.A. § 3304(b)(4).

REVIEW PERIOD FOR PERMITTED USES

As used in this chapter is intended to have the same meaning as such phrase is used in Act 13 of 2012, including in 58 Pa.C.S.A. § 3304(b)(4).

SECRETARY

The Secretary of Environmental Protection of the Commonwealth.

STORAGE OPERATOR

A person who operates or proposes to operate a storage reservoir as an owner or lessee.

STORAGE RESERVOIR

That portion of a subsurface geological stratum into which gas is or may be injected for storage purposes or to test suitability of the stratum for storage.

UNCONVENTIONAL FORMATION

A geological shale formation existing below the base of the elk sandstone or its geologic equivalent stratigraphic interval where natural gas generally cannot be produced at economic flow rates or in economic volumes except by vertical or horizontal well bores stimulated by hydraulic fracture treatments or by using multilateral well bores or other techniques to expose more of the formation to the well bore.

UNCONVENTIONAL WELL

A bore hole drilled or being drilled for the purpose of or to be used for the production of natural gas from an unconventional formation.

WATER MANAGEMENT PLAN

A plan associated with drilling or completing a well in an unconventional formation that demonstrates that the withdrawal and use of water sources protects those sources as required by law and protects public health, safety and welfare.

WATER PURVEYOR

Any of the following:

The owner or operator of a public water system as defined in Section 3 of the act of May 1, 1984 (P.L. 206, No. 43), known as the "Pennsylvania Safe Drinking Water Act."[9]

Any person subject to the act of June 24, 1939 (P.L. 842, No. 365), referred to as the "Water Rights Law."[10]

WATER SOURCE

Any of the following:

Waters of this commonwealth.

A source of water supply used by a water purveyor.

Mine pools and discharges.

(4)

Any other waters that are used for drilling or completing a well in an unconventional formation.

The term does not include flowback or production waters or other fluids:

Which are used for drilling or completing a well in an unconventional formation; and

Which do not discharge into waters of this commonwealth.

WELL

A bore hole drilled or being drilled for the purpose of, or to be used for, producing, extracting or injecting gas, petroleum or another liquid related to oil or gas production or storage, including brine disposal, but excluding a bore hole drilled to produce potable water. The term does not include a bore hole drilled or being drilled for the purpose of, or to be used for:

Systems of monitoring, producing or extracting gas from solid waste disposal facilities, if the bore hole is a well subject to the act of July 7, 1980 (P.L. 380, No. 97), known as the "Solid Waste Management Act,"[11] which does not penetrate a workable coal seam.

Degasifying coal seams, if the bore hole is:

Used to vent methane to the outside atmosphere from an operating coal mine; regulated as part of the mining permit under the act of June 22, 1937 (P.L. 1987, No. 394), known as the "Clean Streams Law,"[12] and the act of May 31, 1945 (P.L. 1198, No. 418), known as the "Surface Mining Conservation and Reclamation Act";[13] and drilled by the operator of the operating coal mine for the purpose of increased safety; or